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Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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This relates to trees felled by a storm. The incident

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This relates to trees felled by a storm. The incident happened in N Ireland.
Two trees were blown over from our property into a neighbour's garden. A domestic gas tank was damaged and gas lost, a shed was deformed, clothes line damaged and a garden table broken. The trees were healthy and had been surveyed by a competent tree expert two years prior. The trees are large and will be expensive to remove. Who is liable for which costs?
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you.

Do you mean will your insurers pay outa.

Expert:  Jamie-Law replied 10 months ago.

@ out? @

Customer: replied 10 months ago.
I had offered to remove the wood at my expense without involving the insurance, but the neighbour thinks I should also be responsible and liable for the damage costs.
Customer: replied 10 months ago.
Is it even my responsibility/cost to remove the wood?
Expert:  Jamie-Law replied 10 months ago.

Just to be clear, the trees are from your land?

Customer: replied 10 months ago.
Completely rooted in my property.
Expert:  Jamie-Law replied 10 months ago.

Then you are responsible. That is because had it not been for the trees falling there would be no damage or wood.

Therefore if next door does this then they can seek the costs back from you.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

can I clarify anything for you about this today please?

Customer: replied 10 months ago.
I have had conflicting responses as to who was responsible. One was that this was regarded as an "act of God" and the neighbours insurance should be responsible for all or least the damage.
Customer: replied 10 months ago.
34; - responsible for all or at least the damage"
Expert:  Jamie-Law replied 10 months ago.

You need to see what is defined in your insurance.

But generally if the item causing damage comes from your land, then you are responsible.

Does that clarify?

Customer: replied 10 months ago.
Does the fact that the trees were present long before the houses were built make any difference?
Customer: replied 10 months ago.
In that builders decided to erect houses (neighbours) close to a wooded area.
Expert:  Jamie-Law replied 10 months ago.

Sorry about the delay, I was just in Court.

Sadly those points make no difference.

The fact of the matter is the tree was on your side and fell onto their land,.

Imagine if it was the other way around, would you want to clear up someone else's tree that clearly wasnt YOUR fault it fell?
Does that clarify?

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